This Non Competition Non Solicitation And Confidentiality Agreement is designed for use in New Zealand business contexts where protecting confidential information, business relationships, and competitive advantage is essential. It is commonly used when onboarding senior employees, during business sales, in consulting arrangements, or when engaging contractors with access to sensitive information. The agreement complies with New Zealand law, particularly the Employment Relations Act 2000 and Commerce Act 1986, ensuring reasonable and enforceable restrictions. It provides comprehensive protection through three key mechanisms: preventing competition in specified markets, protecting against solicitation of employees and clients, and safeguarding confidential information. The agreement is particularly relevant in today's dynamic business environment where employee mobility and data protection are crucial concerns.
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1. Parties: Identifies and defines the parties to the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions and Interpretation: Defines key terms and establishes interpretation rules
4. Confidentiality Obligations: Details the obligations regarding confidential information, including definition of confidential information, use restrictions, and security measures
5. Non-Competition Covenants: Specifies the non-compete obligations including geographic scope, duration, and prohibited activities
6. Non-Solicitation Provisions: Covers restrictions on soliciting employees, clients, customers, and suppliers
7. Duration and Territory: Specifies the time period and geographic area for restrictions
8. Exceptions and Permitted Activities: Lists permitted activities and exceptions to the restrictions
9. Return of Confidential Information: Procedures for returning or destroying confidential information
10. Breach and Remedies: Outlines consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including severability, entire agreement, governing law, and disputes
12. Execution: Signature blocks and execution details
1. Intellectual Property Rights: Include when specific IP rights need protection beyond general confidentiality
2. Assignment and Delegation: Include when rights/obligations may need to be transferred
3. Surviving Obligations: Include when certain obligations need to explicitly survive termination
4. Garden Leave: Include for senior employees where paid non-compete period might be required
5. Industry-Specific Compliance: Include when industry regulations require specific compliance measures
6. Third Party Rights: Include when third party rights need to be addressed or excluded
7. Data Protection: Include when personal data processing is involved
8. Force Majeure: Include when certain circumstances might affect confidentiality obligations
1. Schedule 1 - Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Restricted Clients/Customers: List of specific clients/customers covered by non-solicitation provisions
3. Schedule 3 - Restricted Territory: Detailed description or maps of geographic restrictions
4. Schedule 4 - Restricted Business Activities: Detailed list of prohibited business activities
5. Schedule 5 - Excluded Information: List of information specifically excluded from confidentiality obligations
6. Appendix A - Security Protocols: Specific procedures for handling confidential information
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